[ EXECUTIVE ORDER NO. 16, August 21, 1998 ]

CREATING THE PRESIDENTIAL AIR QUALITY COMMISSION



WHEREAS, pursuant to Article II, Sections 15 and 16 of the 1987 Constitution, it is the policy of the State to protect the health of its citizens and ensure the well-being of its people;

WHEREAS, under the Philippine Environmental Policy and the Philippine Environment Code, it is the policy of the State to seek the attainment of an environmental quality conducive to a life of dignity and well-being for the protection of the public health;

WHEREAS, the National Pollution Control Decree of 1976 and Presidential Decree No. 1181 (Providing for the Prevention, Control and Abatement of Air Pollution from Motor Vehicles and Other Purposes) seek to promote these policies through the prevention, control, and abatement of air pollution from both mobile and stationary sources;

WHEREAS, the deterioration of the country ™s air quality, especially in Metropolitan Manila and other large urban and densely-populated centers, will have serious and long-term effects on the health, productivity, intelligence and general well-being of the people, especially the children;

WHEREAS, there is a need to coordinate the plans and efforts of government agencies and non-government organizations in order to address air pollution in an organized and systematic manner;

WHEREAS, there is a need to create a full-time, inter-agency office to undertake the coordination and systematization of air quality management activities;

WHEREAS, pursuant to Executive Order 192, the Department of Environment and Natural Resources (DENR) is the primary government agency responsible for, inter alia, the conservation, management, development and proper use of the country ™s environment;

NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Creation of a Presidential Air Quality Commission (PAQC).

There is hereby created a Presidential Air Quality Commission to ensure the coordination and effective implementation of air quality management policies, programs and laws.

SEC. 2. Composition.

The Commission shall have the following members:

Chair:
Secretary, Department of Environment and Natural Resources
Vice Chair:
Secretary, Department of Transportation and Communication
Members:
Director-General, National Economic and Development Authority

Secretary, Department of Health

Secretary, Department of Trade and Industry

Secretary, Department of Energy

Secretary, Department of Interior and Local Government

Secretary, Department of Science and Technology

Chairman, Metropolitan Manila Development Authority

One (1) representative each from the City and Municipal Mayors League

Representatives of Civil Society, Business and Environment Sectors, to be chosen by the President upon the recommendation of recognized business and environmental non-governmental organizations. Representation shall follow the ratio of Government to NGO/Private sector of 10:8.

SEC. 3. Powers and Functions.

The Commission shall serve as an oversight body to ensure the systematic and effective management of air quality. In particular, it shall perform the following functions:

(a) Recommending possible legislation, policies and programs on air quality management to the President;

(b) Preparation of an action plan to coordinate and synchronize air quality management programs of its member agencies;

(c) Establishment of a databank for air quality data;

(d) Formulating proper mechanisms for the evaluation of air resources and pricing of potential air pollutants;

(e) Undertaking information, education and communication and research activities relative to air quality management;

(f) Preparation and adoption of guidelines for the implementation of this Order;

Creation of such number of sub-commission as may be necessary for the different airsheds of the country which shall be subsequently identified by the DENR, in coordination with the Philippine Atmospheric, Geophysical and Astronomical Services Administration of the DOST; and

Other functions as may be assigned to it by the President.

The Commission shall assume coordinative/oversight responsibilities in the above listing, initially for a period of three (3) years, in the Metro Manila airshed which consists of Metro Manila, Bulacan, Pampanga, Batangas, Laguna, Cavite, Rizal, and part of Quezon.

SEC. 4. Secretariat.

The Commission shall be supported by a Secretariat, which shall be attached to the Environmental Management Bureau of the DENR.

The Secretariat shall be the repository of the Commission ™s records. It shall liaise with the different member-agencies in matters concerning air quality management and perform such functions as may be directed by the DENR Secretary or the Commission. The Secretary may call upon the member-agencies of the Commission to provide technical support. Each member-agency shall assign one (1) representative to act as the contact person of the Commission and the Secretariat.

SEC. 5. Report.

The Commission shall submit a quarterly report to the Office of the President on its plans, progress and activities. The Commission shall, not later than one year from the effectivity of this Order, publish a report on the progress it has made on the action plan, as well as any revisions or modifications thereto.

SEC. 6. Financial Resources.

An initial amount of One Million Pesos (P1,000,000.00) is hereby appropriated from the President ™s Social Fund to cover the initial operating expenses of the Commission. Thereafter, the Commission shall submit annual budget proposals for the approval of the President. Its funds shall be augmented by such other sources as may be identified.

The Commission may receive donations, grants and other forms of assistance from local and foreign sources to fund the operation of the Commission and its Secretariat.

Revenues derived from permits, fees, air emissions charges, fines and penalties from stationary and mobile sources shall, as authorized by Congress, be utilized to fund the operations of the Commission and its Secretariat.

SEC. 7. Repealing Clause.

All similar issuances, orders and rules inconsistent with this order are hereby repealed, revoked or modified accordingly.

SEC. 8. Effectivity.

This Order shall take effect immediately.

DONE in the City of Manila, this 21st day of August in the year of Our Lord, Nineteen Hundred and Ninety-Eight.

(SGD.) JOSEPH EJERCITO ESTRADA

By the President:

(SGD.) RONALDO B. ZAMORA
Executive Secretary